HomeMy WebLinkAbout20150419 Ver 1_No Written Concurrence_20150609Pat McCrory
Governor
April 22, 2015
MEMORANDUM
TO:
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FROM:
SUBJECT:
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NCDENR
North Carolina Department of Environment and Natural Resource
401 Wetlands Section
DWR - WiRO
Donald R. van der Vaart
Secretary
RI ECEIVEDINCDEMR/DINR
APR 93ZV5
Mater Oualii�j Regional
operations Section
Wilmington Regional office
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 ( 1-12-09)
CAMA Permit Application Review
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Applicant: fetter Lewis
I I JUN 1 2 2015
Project Location: 123 W. Island Dr., adjacent to Davis Creek, in Oa
Proposed Project: to install a 12'x 12' boatlift adjacent to the existing dock
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Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 16, 2015. If you
have any questions regarding the proposed project, contact Heather Coats at (910)
796-742 when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE C//;7 9 11,5-
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www, nccoastalmanagement, net
An Equal Opportunity 1 Affirmative Action Employer
4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 9, 2015
Mr Jetter Lewis
P O Box 188
Fairmont NC 28340
Subject Property: 123 Vest Island Drive — Oak Island
NO WRITTEN CONCURRENCE NEEDED
Dear Mr Lewis,
Donald R van der Vaart
Secretary
DWQ Project # 15 -0419
Brunswick County
You have our approval, in accordance with the attached conditions to install a boatlift adjacent to an
existing docking facility as described in your application received by the N C Division of Water
Resources (DWR) on April 30, 2015 After reviewing your application, we have decided that the
impacts are below the threshold for written authorization as long as all conditions of General Water
Quality Certification Number 3883 (GC3883) are met This certification may also be viewed on our
website at httv / /portal nedenr or(,)/ web /wQ /s\NTD /ws /401 /certsandpermrts This Certification allows you
to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers
This approval is for the purpose and design that you described in your application If you change
your project, you must notify us and you may be required to send us a new application If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below
Conditions of Certification:
1 Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401 /Wetlands Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699 -1650
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing You must act within 60 days
of the date that you receive this letter To ask for a hearing, send a written petition, which conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N C 27699 -6714 This certificatioriiand ,its,corfditions are final
and binding unless you ask for a hearing°
An Equal Opportumtyl Affirmative Action Employer - Made in part by recycled paper
1617 Mali Service Center, Raleigh, North Carolina 27699 -1601
Phone 919 -707 -86001 Internet www ncdenr gov
An Equal Opportumtyl Affirmative Action Employer - Made in part by recycled paper
2
123 West Island Drive - OKI
Brunswick County
2015 -0419
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and /or civil penalties The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at 910 -796-
7215
Sincerely,
Chad Coburn
Senior Environmental Specialist
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures GC3883
Certificate of Completion
cc Alexandra Perillo — ECS Carolinas, LLP, 6714 Netherlands Drive, Wilmington, NC 28405
Jonathan Howell — DCM Morehead City
Heather Coats — DCM WiRO
Tyler Crumbley — USACE Wilmington Field Office
401 & Buffer Permitting Unit — FILE COPY
WiRO
6 ;i �q s i { r' �'F' \,i
All
Md- -4 ri-@-
HCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R van der Vaart
Secretary
DWR Project No
Applicant
Project Name
401 Water Quality Certification Issued Date
County
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer It is not
necessary to send certificates from all of these
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials
Signature
Agent's Certification
Date
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials
Signature
Date
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i e ,
Engineer, Landscape Architect, Surveyor, etc ) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials
Signature
Date
I� i i'n N 4�
Division of Water Resources — 401 &Buffer Permitting Unit
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St, Raleigh North,CarolinaO604'
Phone 919 - 807 -63001 FAX 919 - 807' -649`_
Internet www ncwaterquality
An Equal Opportunity' AfUrmam Action Employei — klade in part by recycled paper
h
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental
pursuant to NCGS 113A-118
Permit Number
83-15
AUG 3 1 2019 '
on rn_...
DENR - WATER RE 301
401 & BU 'TER P=FZM,
Excavation and/or filling pursuant to NCGS 113-229
Issued to Jetter Lewis, P.O. Box 188, Fairmont, NC 28340
Authorizing development in Brunswick County at adi to Davis Canal in Oak Island
as requested in the permittee's application dated 2125/15, incl. attached
workplan drawings (2), both dated revised 4/21/15.
This permit, issued on August 17, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subiect to fines. imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the removal of an existing jet ski lift and the construction on a new 12' x
12' boat lift, all as expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this reconstructed docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis. Director
Di ision of Coastal ?Management
This permit and its condition: are -hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Jetter Lewis Permit No. 83-15
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized. facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of formalized 4 boat slips.
6) The reconstructed pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owner's riparian access corridor, which is
determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel
line that intersects with the shore at the point where the upland property line meets the water's edge.
7) No attempt shall. be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
General
8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
1.97800056 (.Action ID No. SAW -20.15-01100), which was issued on 6/17!15.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
15-0419.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
K
i
Jetter Lewis Permit No. 83-15
Page3 of 3
ADDITIONAL CONDIT1ON5
NOTE:. This permit does not convey any rights, either in real estate or material.
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NOTE: An application processing fee of $250 was received by DICM for this project..
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